In a 6-3 decision, the United States Supreme Court this week ruled that, in a limited set of circumstances, police officers can conduct a warrantless search of a person's residence over that person's objection, if another occupant consents to such search. The facts of...
Criminal Defense
Stand Your Ground Defense Applies Even if the Alleged Victim Is Unarmed
Florida's Stand Your Ground Law (SYGL) (§776.032, Fla. Stat. (2013) gives a person both immunity from criminal prosecution and civil liability from the use of deadly force when he or she believes that such force is necessary to prevent imminent death or great bodily...
“Lack of Remorse” Cannot be Used to Aggravate a Sentence Imposed Under the State Sentencing Guidelines
An issue which frequently arises at a criminal sentencing hearing is whether or not the defendant has shown "remorse." It has been our experience that most individuals charged with an offense are, in fact, remorseful. If a person elects to require the State to prove...
Law Enforcement Searches
If you are ever asked by law enforcement officials for permission to search anything, our best advice is to say "no", and ask for your attorney. Each of us has the Constitutional right to deny a search that is not called for by a warrant. We also have the right to...
William Sheppard Argues the Right to a Speedy Arrest Before the First District Court of Appeal
In addition to representing our clients in their individual cases, one of the most gratifying experiences to the members of this firm is to prevail on a constitutional issue which benefits thousands of criminally accused defendants. Over twenty -one years ago, we were...
Search and Seizure: Expectation of Privacy and the Physical Intrusion Test
We are often asked whether police officers have the right to approach a person's home without a warrant and then use what they observe to search the home. Generally, in the absence of "no trespassing" signs or fences, officers have the right to engage in what is...
The War on Marijuana in Black and White: Billions of Dollars Wasted
Ask most people whether billions of dollars should be spent arresting, prosecuting, and incarcerating people for marijuana offenses and the answer will be a resounding "no." Recent polling in Florida indicates over 70% of the state's voters favor legalizing marijuana...
United States Supreme Court Upholds Warrantless DNA Searches of People Arrested for “Serious” Crimes
In Maryland v. King, ___ U.S. ___ (June 3, 2013) the Court upheld the warrantless swabbing of individuals arrested for what the Court characterized as "serious" offenses. Left open by the Court's decision are the questions of 1) what constitutes a serious offense; and...
A Fond Farewell to Two Legends of Criminal Defense
When I first began practicing criminal defense law in 1980, it was literally a different world. We were a band of brothers1 seeking justice for our clients. We were in it for love, not money,2 and truly believed our efforts mattered. And you know what? They did...
How Mandatory Minimums Forced Me to Send More Than 1,000 Nonviolent Drug Offenders to Federal Prison
"It has always been the belief of the members of this firm that the use of mandatory minimum sentences is wrong. The imposition of a lengthy prison sentence for a first-time, non-violent drug offense, is contrary to any civilized notion of justice. Judge Bennett, a...